No excavation shall be made and no soil shall be removed under the provisions
of this chapter unless a permit therefor shall have been first
obtained as provided herein, and no excavation shall be made and no soil shall
be removed except in conformity with the provisions of this chapter.

No person shall excavate or otherwise remove any soil
for sale or for use other than on the premises from which the soil shall be
taken or in connection with the construction or alteration of a building on
such premises and excavation or grading incidental thereto without first having
obtained a permit therefor from the Building Department.

An application for a permit pursuant to this section
shall be made on a form to be supplied by the official or body having jurisdiction.
The nonrefundable fees set forth in Chapter 118, Fees, shall be submitted
by the applicant at the time of filing and application.

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General
Provisions, Art. I.

The Building Department shall not consider an application for the removal
of soil from the premises for sale or otherwise unless and until the owner
of the premises shall first file with the Village Clerk an application requesting
a permit, together with a map of the premises showing the contour lines and
proposed contour grades resulting from such intended removal of soil in relation
to the topography of the premises, and said proposed contour lines and proposed
grade shall be subject to the inspection and approval of said Building Department.
No such permit for soil removal shall be issued until such map has been filed
and until the proposed contour lines and grades have been approved by said
Building Department.

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General
Provisions, Art. I.

Before any permit for soil removal shall be granted or issued, the owner
or applicant shall file with the Village Clerk a bond in the amount of ten
thousand dollars ($10,000.), in form and with surety acceptable to the Building
Department and to the Village Attorney, in such amount as in the opinion of
said Building Department shall be sufficient to insure the faithful performance
of the work to be undertaken pursuant to the permission granted by said Building
Department pursuant to the provisions of this chapter.

Upon written request for a hearing made by the application to the Building
Department, an opportunity to be heard shall be granted within thirty (30)
days thereafter to any person applying for a permit hereunder, and said Building
Department, in considering and reviewing the application and in arriving at
its decision, shall be guided by and shall take into consideration the public
health, safety and general welfare, and particular consideration shall be
given to the following factors:

If, after examining the application and the map provided for in § 223-3
of this chapter and after the hearing, in the event that a hearing is requested
by the applicant, the Building Department shall be of the opinion that the
proposed soil removal will not create conditions inimical to the public health,
welfare and safety and will not result in the creation of any sharp declivities,
pits or depressions, soil erosion or fertility problems, depressed land values,
nor create any drainage, sewerage problems or other conditions of danger,
a permit to remove the soil shall be granted.

If a permit to remove the soil shall be granted, the owner or person
in charge shall so conduct the operations that there shall be no sharp declivities,
pits or depressions and in such a manner that the area shall be properly leveled
off, cleared of debris and graded to conform with the contour lines and grades
as approved by the Building Department.

The owner of the premises or the person in charge of the removal of
soil, when permission has been duly granted and a permit issued, shall not
take away the top layer of arable soil for a depth of six (6) inches, but
such top layer of arable soil, to a depth of six (6) inches, shall be set
aside for retention on the premises and shall be respread over the premises
when the rest of the soil has been removed, pursuant to levels and contour
lines approved by the Building Department.